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- Title
NATURA JURIDICĂ A CREANŢEI DE PARTICIPARE ÎN CADRUL REGIMULUI SEPARAŢIEI DE BUNURI.
- Authors
GHIŢĂ, Oana
- Abstract
The liquidation of separation of property regime is emerging around a new institution in our legal system: the participation claim (art. 360 para. 2 C. civ.). As conceived by the legislature, the participation claim has a compensatory character for the husband who, at the end of marriage, has an pecuniary active smaller than the other spouse, effectively becomes a reflection of the indirect contribution of legal community. But spouses may change radically, unrestricted, its legal nature coming even to confer a sanction character by marital agreement. Of course things are different if we talk about patrimonial passive and not about the active or where clause favors exactly the husband which performed lower income during the marriage. In this situation participation claim no longer has a compensatory / remunerator character, but even one of gratification. In the present study we try to determine the working mechanism of the clause about the claim of participation, its delimitation of other civil law institutions as well as comparative review with other legal systems. By inserting the claim of participation under the separation of property regime, our legislature has turned this regime in one of participation in acquisitions and not a proper separation regime. Prevailing, from swedish law, this system was taken over by french legislation in 1965 and inserted in Romanian Civil Code in 2011.
- Publication
Review of Juridical Sciences / Revista de Științe Juridice, 2015, Vol 29, Issue 2, p205
- ISSN
1454-3699
- Publication type
Article